(d) any change in the
present board of directors or management of the Issuer, including any plans
or proposals to change the number or term of directors or to fill any
existing vacancies on the board;
(e) any material change in
the present capitalization or dividend policy of the issuer;
(f) any other material
change in the Issuers business or corporate structure;
(g) changes in the Issuers
charter, bylaws or instruments corresponding thereto or other actions which
may impede the acquisition of control of the Issuer by any person;
(h) causing a class of
securities of the Issuer to be delisted from a national securities exchange
or to cease to be authorized to be quoted in an inter-dealer quotation system
or a registered national securities association;
(i) a class of equity
securities of the Issuer becoming eligible for termination of registration
pursuant to Section 12(g)(4) of the Securities Exchange Act of 1934; or
(j) any action similar to
any of those enumerated above.
The Reporting Persons
intend to review their investment in the Issuer on a continuing basis and may
engage in discussions with management, the board of directors, other
shareholders of the Issuer and other relevant parties concerning the
business, operations, management, strategy and future plans of the Issuer.
Depending on various factors including, without limitation, the Issuers
financial position and strategic direction, the outcome of the discussions
and actions referenced above, actions taken by the board of directors, price
levels of the Shares, other investment opportunities available to the
Reporting Persons, conditions in the securities market and general economic
and industry conditions, the Reporting Persons may in the future take such
actions with respect to their investment in the Issuer as they deem
appropriate including, without limitation, purchasing additional Shares or
selling some or all of their Shares, engaging in short selling of or any
hedging or similar transactions with respect to the Shares and/or otherwise
changing their intention with respect to any and all matters referred to in
Item 4 of Schedule 13D.
Item
5. Interest in Securities of
the Issuer:
(a) As of the close of business on
February 20, 2009, the Reporting Persons beneficially owned 2,377,973 Shares,
constituting approximately 25.2%of the outstanding Shares of the Issuer. Each of Mr. Davis, Davis Associates and the
Davis 401K may be deemed to be a beneficial owner of all of these Shares for
purposes of filing this Schedule 13D; however, each Reporting Person
disclaims beneficial ownership in such shares, except to the extent of its
own pecuniary interest therein. .
The
aggregate percentage of Shares beneficially owned by the Reporting Persons is
based upon 9,150,048 Shares outstanding, which is the total number of Shares
outstanding as of February 20, 2009, according to the transfer agent of the
Issuer.
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